Gujarat Special Courts Bill 2024 to confiscate dispositional assets passed in Assembly

Gandhinagar: On the last day of the monsoon session on Friday, the state assembly passed the Gujarat Special Courts Bill, 2024, which allows the government to confiscate both movable and immovable properties acquired through proceeds of crime. The Bill stipulates the establishment of special courts, in consultation with the High Court, to facilitate the confiscation of properties belonging to criminals and to adjudicate cases against them.

Tabled by Minister of State for Home Harsh Sanghavi, the new law will target only those accused of serious crimes that carry a penalty of over three years in prison and the value of the illegally obtained property exceeds Rs 1 crore.

Sanghavi characterized the legislation as a “surgical strike” on illicitly obtained wealth, stating that it will target all individuals engaged in criminal activities, including liquor bootleggers, drug traffickers, government officials, and elected representatives. He emphasized that these criminals often amass significant assets, enabling them to continue their illegal activities even after serving time in prison, asserting that the new law will prevent them from becoming influential offenders.

The legislation applies to offenses registered under various acts, including the Gujarat Prohibition Act, NDPS Act, GST Act, and Anti-Corruption Act. The Bill was approved by a majority vote despite opposition from the Congress party.

The legislation outlines the framework for establishing and operating special courts, which will be presided over by a judge appointed by the state government, in agreement with the High Court. The government will announce the formation of a special court based on a report from an investigating officer of at least Superintendent of Police rank. Subsequently, an “authorized officer,” defined as a former judicial officer of at least additional sessions judge rank, can be tasked with confiscating property.

The authorized officer will issue a show-cause notice to the individual whose property is subject to confiscation and will determine whether the property was illegally acquired. The affected person has the right to appeal to the High Court within 30 days of the order.

If the High Court annuls the confiscation order or if the individual is acquitted by the special court, the property will be returned. Sanghavi added that if an accused is acquitted, they are entitled to reclaim confiscated property or cash with a 5% annual interest rate if the property was sold. DeshGujarat